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NEWS IN BRIEF
Article • March 1, 2026 • from CLN April, 2026
NEWS IN BRIEF by Alaska: Alaska News Source reported that former Bethel Police Department (BPD) Off. Jonathan Murphy, 39, was convicted on February 13, 2026, of a brutal use of force. Body-camera footage captured Murphy during a December 2023 stolen-vehicle stop as he struck the compliant driver, Bernard Mael. When …
Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Stat...
Article • March 1, 2026 • from CLN April, 2026
Filed under: Deportation/Removal/Exclusion, Failure to Address/Advise Defendant, Collateral and Direct Consequences, Consequences of Plea, Grounds For Withdrawal
Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Statements Regarding Immigration Advice by David Reutter by David M. Reutter The Supreme Judicial Court of Massachusetts held that a motion judge abused his …
Massachusetts Supreme Judicial Court Announces Resende’s “Sequential Prosecution Rule” for Armed Career Criminal Sentencing Enhancement Is Binding Precedent, Not Dictum
Article • February 1, 2026 • from CLN March, 2026
Filed under: Prior Conviction/Sentence/Incarceration, Qualifying Offenses, Mandatory Minimum Sentence, Gun Laws/Crimes, Predicate Acts/Offenses
Massachusetts Supreme Judicial Court Announces Resende’s “Sequential Prosecution Rule” for Armed Career Criminal Sentencing Enhancement Is Binding Precedent, Not Dictum by Richard Resch by Richard Resch The Supreme Judicial Court of Massachusetts held that the sequential prosecution rule articulated in Commonwealth v. Resende, 52 N.E.3d 1016 (Mass. 2016), constitutes binding …
First Circuit Announces Modification of Juvenile’s Life-­Without-­Parole Sentence to Parole-­Eligible Life Term Constitutes “New Judgment” Under AEDPA, Exempting Second-­in-­Time Habeas Petition F...
Article • January 1, 2026 • from CLN February, 2026
Filed under: Parole, Habeas Corpus, Life without Parole (LWOP), AEDPA, Juvenile Offenses/Offenders
First Circuit Announces Modification of Juvenile’s Life-­Without-­Parole Sentence to Parole-­Eligible Life Term Constitutes “New Judgment” Under AEDPA, Exempting Second-­in-­Time Habeas Petition From Gatekeeping Requirements by Richard Resch by Richard Resch In a case of first impression, the United States Court of Appeals for the First Circuit held that when a …
Massachusetts Supreme Judicial Court Announces Adoption of Transferred Intent Self-­Defense
Article • January 1, 2026 • from CLN February, 2026
Filed under: Murder/Felony Murder, Burden of Proof, Negligence/Reckless Endangerment
Massachusetts Supreme Judicial Court Announces Adoption of Transferred Intent Self-­Defense by Matthew Clarke by Matt Clarke In a case of first impression, the Supreme Judicial Court of Massachusetts held that a defendant’s lawful exercise of self-­defense against an assailant may excuse the killing of an unintended victim, such as an …
Massachusetts Supreme Judicial Court Announces Duration of GPS Monitoring Must Be Considered in Individualized Reasonableness Determination and Resulting Monitoring Period May Be Shorter Than Probat...
Article • January 1, 2026 • from CLN February, 2026
Filed under: Parole/Probation Searches, Condition of Probation, GPS Tracking Device, State Constitutional Claims, Conditions of
Massachusetts Supreme Judicial Court Announces Duration of GPS Monitoring Must Be Considered in Individualized Reasonableness Determination and Resulting Monitoring Period May Be Shorter Than Probationary Term by David Kim by David Kim The Supreme Judicial Court of Massachusetts held that the reasonableness of global positioning system (“GPS”) monitoring as a …
Massachusetts Supreme Judicial Court Announces Police Cannot Execute Anticipatory Warrant Absent Triggering Event Regardless of Whether Factual Allegations in Warrant Affidavit Independently Give Rise...
Article • October 15, 2025 • from CLN November, 2025
Filed under: Search warrants, Fourth Amendment, rights, Probable Cause, Execution, State Constitutional Claims
Massachusetts Supreme Judicial Court Announces Police Cannot Execute Anticipatory Warrant Absent Triggering Event Regardless of Whether Factual Allegations in Warrant Affidavit Independently Give Rise to Probable Cause to Search, Thereby Providing Greater by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts held that “art. 14 of the …
News in Brief
Article • August 1, 2025 • from CLN August, 2025
Filed under: Assault by Police, Misconduct/Corruption, Guard Misconduct, Police Misconduct, Stun Guns/Tasers, Immigration, False Arrest, Evidence - Integrity/Reliability of
News in Brief by Alabama: Walker County Sheriff Nick Smith faces six misdemeanor counts after a grand jury indicted him on May 30, 2025, for knowingly employing uncertified personnel. WBRC in Birmingham reported that Smith’s second-in-command, Chief Deputy Ralph Williams, was also indicted on one count of providing false or …
News in Brief
Article • July 1, 2025 • from CLN July, 2025
Filed under: Misconduct/Corruption, Pepper Spray/Tear Gas, Shootings, Dogs, Police--Excessive Force, Brady Violations, Home Search, Bribery/Extortion/Theft, Brady Rule violations, Perjury/Perjured Testimony
News in Brief by Arkansas: The downward spiral of former Hot Spring County Sheriff Derek “Scott” Finkbeiner, 47, continued with his fourth arrest on May 2, 2025, reported KATV out of Little Rock. The arrest stemmed from Finkbeiner’s attempt to contact a witness, co-­defendant Jordan Hammond, through the Signal app, …
News in Brief
Article • May 15, 2025 • from CLN June, 2025
Filed under: News in Brief
News in Brief by Alabama: On March 31, 2025, in State of Alabama v. Mac Marquette, Morgan County Circuit Judge Charles Elliott denied former Decatur Police Department officer Marquette’s motion for self-defense immunity in the fatal shooting of Steve Perkins. According to the Associate Press, the denial depended legally on …
Massachusetts Supreme Judicial Court Announces State Wiretap Statute Requires Suppression of Both Audio and Video Components of Audiovisual Footage of Unlawfully Intercepted Oral Communication Showing...
Article • March 15, 2025 • from CLN April, 2025
Filed under: Videotaping, Wiretap Evidence, Suppression
Massachusetts Supreme Judicial Court Announces State Wiretap Statute Requires Suppression of Both Audio and Video Components of Audiovisual Footage of Unlawfully Intercepted Oral Communication Showing Defendant as Party to Communication by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts held that when police secretly make a warrantless …
Massachusetts Supreme Judicial Court: Defense Counsel Had Actual Conflict of Interest Where Own Performance During Police Interview of Defendant Could Serve as Basis of Motion to Suppress Based on Ine...
Article • March 15, 2025 • from CLN April, 2025
Filed under: Ineffective Assistance of Counsel, Motions To Suppress, Conflict of Interest
Massachusetts Supreme Judicial Court: Defense Counsel Had Actual Conflict of Interest Where Own Performance During Police Interview of Defendant Could Serve as Basis of Motion to Suppress Based on Ineffective Assistance of Counsel, New Trial Required W by Anthony Accurso by Anthony W. Accurso The Supreme Judicial Court of Massachusetts …
Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction
Article • February 15, 2025 • from CLN March, 2025
Filed under: Jury Instructions, Resentencing, Threats, Negligence/Reckless Endangerment
Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction by Sam Rutherford by Sam Rutherford The Supreme Judicial Court of Massachusetts vacated a threat-based conviction because the jury instructions provided setting forth the elements …
First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participan...
Article • February 15, 2025 • from CLN March, 2025
Filed under: Mitigating Role/Circumstances/Evidence, "Criminal Offenses"
First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant by David Reutter by David M. Reutter The United States Court of Appeals for the First Circuit vacated a two-level sentencing enhancement imposed …
Massachusetts Supreme Judicial Court Clarifies Trial Court Must Conduct Inquiry Whether Defendant Knowingly and Voluntarily Waived Right to Counsel at ‘Any Stage of a Case,’ Including Arraignment or ...
Article • February 1, 2025 • from CLN February, 2025
Filed under: Counsel - Right to, Knowingly and Voluntarily Made
Massachusetts Supreme Judicial Court Clarifies Trial Court Must Conduct Inquiry Whether Defendant Knowingly and Voluntarily Waived Right to Counsel at ‘Any Stage of a Case,’ Including Arraignment or Plea Hearing by Sam Rutherford by Sam Rutherford The Supreme Judicial Court of Massachusetts held that a defendant did not knowingly and …
News in Brief
Article • February 1, 2025 • from CLN February, 2025
Filed under: News in Brief
News in Brief by Arizona: Phoenix resident Penny McCarthy, 66, endured a terrifying ordeal after United States Marshals arrested her at gunpoint in her home, mistaking her for a fugitive, according to KNXV. Body camera footage shows officers refusing to confirm her identity despite McCarthy repeatedly asking them. “I truly …
News In Brief
Article • December 1, 2024 • from CLN December, 2024
Filed under: News in Brief
News In Brief by Alabama: A former Tuscumbia police officer was sentenced to 20 years in prison on August 24, 2024, after pleading guilty to manslaughter in connection with a fatal pedestrian accident. The incident occurred in October 2022 when James “Jay” Keith Steward’s vehicle struck and killed 60-year-old Terry …
News In Brief
Article • November 1, 2024 • from CLN November, 2024
Filed under: News in Brief
News In Brief by Alabama: WSFA out of Mobile reported that on August 22 and 23, 2024, a sex trafficking sting operation occurring in several jurisdictions resulted in the arrests of 11 men. Montgomery County Sheriff Derrick Cunningham and other law enforcement officials discussed the results at a press conference. …
News in Brief
Article • September 1, 2024 • from CLN September, 2024
Filed under: News in Brief
News in Brief by Arizona: On June 29, 2024, the Tempe police department posted a Facebook message regarding an award that two of its officers had just received. “Congratulations to Officer Zachary Hyde and Officer Gavin Young. Last night both received the Hero Award at the 35th annual Mothers Against …
First Circuit Announces Doctrine of Abatement Ab Initio Applies When Defendant Dies During Pendency of Direct Appeal in Published Precedential Ruling
Article • September 1, 2024 • from CLN September, 2024
Filed under: Appeals/Appellate Jurisdiction, Doctrine of Abatement, Death Certificate(s)
First Circuit Announces Doctrine of Abatement Ab Initio Applies When Defendant Dies During Pendency of Direct Appeal in Published Precedential Ruling by Douglas Ankney by Douglas Ankney In a published precedential ruling, the U.S. Court of Appeals for the First Circuit adopted the doctrine of abatement ab initio for when …
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